PERFORMANCE-BASED MEMBERSHIP AGREEMENT

 

In addition to the 1Point Commerce membership agreement – https://www.1commerce.com/tc-membership-agreement, the following terms and conditions apply to the PERFORMANCE-BASED membership:

 “Your Company”, hereinafter referred to as “Seller” and 1Point Commerce LLC (hereinafter referred to as “1Commerce”) a limited liability company registered under the laws of the state of Delaware, USA, having its principal place of business and operations at the following address:

61 Demashq Street,

Amman, 11183

Jordan

Website Address: www.1commerce.com

Email: info@1commerce.com

PURPOSE

The purpose of this agreement is to set forth the mutual understanding between the Seller and 1Commerce.

1.  The Seller has agreed to utilize the services of the 1Commerce’s global B2B solution to offer Seller’s products on the website of www.1ommerce.com, and hereinafter referred to as “products”.  

2.  Seller warrants that products are owned by Seller and are free and clear of any and all liens or encumbrances.

3.  This agreement shall commence on the date of approval of Seller registration on the www.1Commerce.com website and shall continue for a period of Three Hundred and Sixty (360) days and may be extended by mutual agreement between 1Commerce and Seller. 

4. Under the terms of this agreement, the Seller MUST list at least 10 Products in the “Products for Sale” AND/OR “Products Wanted” sections on the website of 1Commerce.com of which 5 products MUST be added within the first 30 days from the date of registration and the rest of the products within 60 days from the registration date. Failure to list the minimum number of 5 products within the first 30 days, 1Commerce may immediately terminate this agreement without notice to Seller.

5. Seller MUST at all times update any and all information of listed products on a regular basis. Failure by Seller to update any material change of listed products may negatively affect 1Commerce’s efforts in the selling or buying processes of Seller’s products.

6.  Seller may withdraw the product listings, without penalty, upon notification to 1Commerce in any form digital or written within 30 days.

7.  The amount of the membership fee is US $1695 Dollars. Seller agrees to pay 1Commerce a non-refundable activation fee of US $105 and the balance of US $1590 as one-year membership fee starting from the day the seller completes the first deal, and when any of its products are sold or purchased within the term of this agreement. If the Seller does not sell any of its listed products, or purchase any product listed on the 1Commerce website or does not do any transaction with or without the help and/or assistance of any Associate, Representative, or Trader associated with 1Point Commerce then the remaining balance of $1590 will be waived and there is NO additional fee to be paid to 1Commerce.

8.  Seller agrees that the membership fee to be paid to 1Commerce will be deemed earned and payable at the first instance of any product sold or purchased on the 1Commerce’s website. 

9. 1Commerce may terminate this agreement at any time without notice to Seller.

CHANGE IN ADDRESS

1Point’s address MAY change from time to time for any reason. We will notify you of any changes to our address by posting the new address on this website and/or informing you via email. You are advised to consult this webpage regularly for any changes, as continued use is deemed approval of all changes.

SEVERABILITY

If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.


 

DISPUTE RESOLUTION

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the city and country: Amman, Jordan; and noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by the applicable and governing law of Jordan. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by 1Point will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

GOVERNING LAW

This agreement shall be governed and construed in accordance with the laws of Jordan. It is also understood and agreed that this agreement shall be binding upon and accrue to the benefit of the successor’s and the assigns of the respective parties hereto, which shall include any parent corporation or subsidiaries or affiliates of the parties to this agreement, including joint ventures or limited partnerships to which either party is a part.

NOTICES

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other, personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section.


 

HEADINGS

Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.

 

1POINT COMMERCE LLC